Perspective: At least don't make 'stand your ground' law worse

The task force studying Florida’s “stand your ground” law didn’t go into hiding during the election. It just seemed that way.

On Tuesday, however, the task force will hold its final meeting in Pensacola. After a public comment period, the members of the task force will discuss what recommendations, if any, to send the Legislature regarding the state’s controversial 2005 law.

The legislation made several dramatic changes to Florida’s self-defense laws. It abolished the responsibility of citizens to retreat — not just in one’s home but wherever a person happens to be — when faced with “a reasonable fear of imminent peril of death or great bodily harm…” It shifted the burden of proof from defendants to prosecutors in such cases. It also created a unique immunity, from criminal charges and a civil lawsuit, if someone successfully invokes “stand your ground” after an arrest.

The law generated debate, but mostly within the court system. The law also drew some news coverage. In February, though, an armed adult, George Zimmerman, shot and killed an unarmed teenager, Trayvon Martin, in Sanford. At first, Mr. Zimmerman was not charged with a crime. After the case became a worldwide sensation, however, a special prosecutor — Duval County State Attorney Angela Corey — was named to take a second look. She charged Mr. Zimmerman with second-degree murder.

In March, Gov. Rick Scott created a task force to study the “stand your ground” law, which National Rifle Association lawyers wrote. Critics would like the law repealed, but the task force is unlikely to call for that. The law’s author and one of its sponsors are on the task force. Palm Beach County Circuit Court Judge Krista Marx, who also serves on the task force, said last week that a more likely scenario is a recommendation to clarity the law’s intent. “It needs to make clear,” Judge Marx said, “that it applies to people who are lawfully at a place and engaged in lawful activity.”

The comments of one speaker at the last meeting show why this change is necessary. A lawyer for Florida Carry, Inc., which is “dedicated to advancing the fundamental civil right of all Floridians to keep and bear arms for self defense,” basically suggested that the law should be widened to cover people engaged in unlawful activity. What about a woman who was illegally selling products out of her home, he said, and was confronted by an intruder?

Indeed, Sen. David Simmons, R-Altamonte Springs, said the original version of the law had included unlawful behavior. It’s hard to believe that the legislation actually could have been worse.

As The Tampa Bay Times has reported, the case that supposedly formed the basis for “stand your ground” was not what supporters of the law claimed. There remains no evidence that before 2005 Floridians who had lawfully protected themselves were being charged with crimes, let alone convicted. The task force at least should recommend that this supposed crime-prevention law not apply to criminals.